Three Rivers
Hudson~Mohawk~Schoharie
History From America's Most Famous Valleys


To the Supreme Court Judicature of the State of New York

The Petition of John (I. or J.) Failing and Mary his wife of the County of Montgomery respectfully showeth-

That your petitioners are siezed in fee simple (the said John J. Failing in right of his said wife the said Mary his wife as one of the heirs at law of Jacob A. Walrath deceased) as tenants in common of one undivided seventh part of the three following pieces of land - the first situate in the Town of Minden in the said county of Montgomery being one hundred acres of land part of Lot number 10 in a tract of land granted by letters patent to Hartman Hindecker (sp?), Conradt Contreman and others said one hundred acres being bounded as follows - beginning at the rear line of said patent at the West corner of the lands formerly belonging to Hendrick H. Walrath from thence North fifty five degrees, West 10 chains thence North thirty five degrees East 103 chains and 75 links thence South 53 degrees, East ten chains thence South 35 degrees West one hundred and one chains and about 63 links to the place of beginning being the farm in possession of said Jacob A. Walrath at the time of his death. The second of said pieces of land being situate in the town of Canajoharie in the county aforesaid beginning in the division line of a tract of land granted by patent to Rutger Bleecker and others and another tract of land granted to Phillip Livingston and Arant Bradt on the south bank of the Mohawk River and runs thence along said line to the division line of a patent granted to James Alexander and others and the tract granted to Livingston and Bradt as aforesaid, thence Southerly along the division lines of the two last mentioned tracts to a rivulet or brook known by the name of Kaatse Kill, thence Westwardly along up the middle of said brook to the division line of tracts aforesaid to have been granted to ______ and Livingston and Bradt thence towards the Mohawk River along the said last mentioned division line to the place of beginning containing 120 acres of land, be the same more or less, excepting and reserving a certain mill site heretofore conveyed by Catherine Louck to Henry F. Gates at or near the southwest corner of said premises -- And the third of said pieces of land being situate in the town of Canajoharie aforesaid, and is a parcel of great Lot number 6 in A patent granted to James Alexander and others, beginning at a stake formerly standing on the Southerly bank of the Mohawk River in the division line between the lands formerly owned by John Louck and Hendrick Fray and runs from the said stake as the magnetic needle pointed in the year 1806, south 54 degrees 30 minutes east nine chains to a stake on the bank of the said river thence south 35 degrees and 30 minutes, west 6 chains and 59 links to a stone dug in the ground thence north 57 degrees place of beginning containing 6 acres of land more or less. And your petitioners further show that the following persons are also seized in fee simple as tenants in common of the above described pieces of land in the following proportions, to wit, Andolph Walrath of one undivided seventh part; Jacob Mayer and Anne his wife (the said Jacob in right of his wife) of one undivided seventh part; Adam (J. or I.) Walrath, William Walrath, Christian Walrath and Caty Beckman each of one undivided fifth of one undivided seventh part; Ebenezer Cox and John Cox each of one undivided fourth of one undivided fifth of one undivided seventh part; Luther Russell and Nancy his wife (the said Luther in right of his wife) of one undivided fourth of one undivided fifth of one undivided seventh part; John Suts and Betsey his wife (the said John Suts in right of his wife) of one undivided fourth of one undivided fifth of one undivided seventh part; Jacob C. Hillegas of one undivided third of one undivided seventh part; Christian A. Walrath and Caty his wife (the said Christian A. in right of his wife) of one undivided third of one undivided seventh part; Christian Walrath and Mary his wife (the said Christian in right of his wife) of one undivided third of one undivided seventh part; Peter Walrath, Andolph H. Walrath, Henry H. Walrath, George Walrath and Mary Walrath, children of Henry Walrath deceased each of one undivided sixth of one undivided seventh part; Jonas Dillenbach and Eve his wife (the said Jonas in right of his wife) of one undivided sixth of one undivided seventh part; Adam A. Walrath, Jacob A. Walrath Jr., Christian A. Walrath, Henry A. Walrath and Anthony Walrath each of one undivided eighth of one undivided seventh part; John H. Bellinger and Lany his wife (the said John in right of his wife) of one undivided eighth of one undivided seventh part; Mary Walrath, Julia Ann Walrath, Nancy Walrath, James Walrath, Eliza Walrath, and Walter Walrath, children of David deceased each of one undivided sixth of one undivided eighth of one undivided seventh part; and Betsey Walrath, Jane Walrath, Clarissa Walrath and Arnold Walrath, children of George A. Walrath deceased, each of one undivided fourth of one undivided eighth of one undivided seventh part thereof -- the whole into seven equal parts to be divided -- and your petitioners further show that Elizabeth Walrath widow of the said Jacob A. Walrath deceased has a right of dower in each of the said three pieces of land. And your petitioners further show that they are anxious to have partition made of the said several premises among the parties aforesaid according to their respective rights therein -- wherefore your petitioners pray that the said several premises may be divided between your petitioners and the other parties interested therein above named, by commissioner to be appointed by this same court according to the rights of the said parties therein in pursuance of the directions of the act for the partition of land.

Dated June 27, 1828

John Nellis - Attorney

John J. Failing and Mary Failing his wife

You will take notice that a petition of which the proceeding is a copy will be presented to the Supreme Court of Judicature of the State of New York at the capital in the city of Albany on the third Monday of October next at the opening of the court on that day or as soon thereafter as counsel can be heard and an application will then and there be made to the said court for an appointment of commissioners according to the prayer of the said petition dated June 27th 1828.

John Nellis, Attorney for petitioners above named

To William Walrath above named

Transcribed from the original document by Jerry Walrath

The original document is in the possession of Hester Hyde of Portland, Oregon.

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